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Dwayne B., Lawyer

Category: Consumer Protection Law

Satisfied Customers: 32369

Experience: Practicing for over 20 years and handled many cases and trials for consumers.

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I received a summons at the beginning of january 2013 about

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I received a summons at the beginning of january 2013 about a credit card debt allegedly owed. Last activity on this card was January of 2007. (6years s.o.l in mass) I live in mass.

I answered all interrogatories within the 30 days and sent certified mail, copies to the collection lawyer. I also went to the court house and had them put it in my case file. I also sent cetified mail to collection lawyer a DV letter and also gave one to the courthouse.I go to court in february and the collection lawyer asked for another 6 months. They scheduled a motion to compel for June 2013.But, two weeks ago i get a letter in the mail from the court house stating i never answered the interrogatories and a judgement had been made against me. I never had a chance to even defend myself and i DID send the letters and answers as i was suppose to. I went to the courthouse again on may 6, 2013 and filed a motion to vacate the judgement because of the proof i have.They now gave me a hearing date for May 20, 2013.

I am so confused. Can they even do this to me? I did all i was suppose to do. Plus i think the 6 years is up. (very close anyways) 1/2007-1/2013. 6 years right?

So, I have not received any answers for my request of documentations. I sent it twice by certified mail and have gotten nothing. The lawyer told me in court the first day he has no signed contract or statements, etc. I can't prove this but i know he has nothing.

What do i do?? I have done everything by the time frame allotted and by law but the collection lawyer has sent me nothing.

I have a hearing to see if theyll vacate the judgement on May 20, 2013.I need help! Thank you so much. What do i do if they vacate the judgement? what are my next steps and what can i do if the collection lawyers are not answering my request for documents and verifications? I have sent two requests now by certified mail for documentation and verification. The law firm im dealing with is Lustig, Glaser and Wilson from Waltham, Ma. Bad reputation for playing very unfair. PLEASE HELP ME!!!!

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Yes, it is a 6 year statute of limitations.

JD 1992 :

If the judgment gets vacated you need to file a Motion to Compel to get the documents. You also may want to send requests for admissions on the account.

JD 1992 :

You will want to file a Motion for Summary Judgment and/or a Motion to Dismiss based on the statute of limitations.

Customer:

ok. Can i file for motion to compel that same day? the 20th?

JD 1992 :

You also need to figure out how they got the judgment granted without notice to you.

JD 1992 :

Yes, you can ask for it to be set the same day.

JD 1992 :

I assume you filed an answer to the lawsuit?

Customer:

they said i never answered. yes i did answer

JD 1992 :

An answer to the lawsuit or just answers to interrogatories?

Customer:

both

Customer:

i have copies

JD 1992 :

Did you allege in the answer that it was past the statute of limitations?

Customer:

no i wasnt aware of sol at that time

JD 1992 :

You have to do that. Where did you get the discovery that you sent them to be answered.

JD 1992 :

?

Customer:

dont understand sorry

JD 1992 :

You stated you sent them "request for documents". Where did you get those?

Customer:

i wrote them up from copying information after researching

Customer:

i sent two requests for documentation and one for debt validation

Customer:

and hand delivered to courthouse

JD 1992 :

There are three general types of discovery: interrogatories, requests for production and requests for admission. Did you title it one of these?

how and when do i do the sol request because isnt it too late now? and what can i do if they dont answer me. i thought they had 30 days like i did?

JD 1992 :

Affirmative defenses are covered under rule 8 but you have to specifically plead them to use them.

Customer:

for the production of documents

Customer:

ok i have to file motions?

JD 1992 :

Yes. Generally you have to:

JD 1992 :

1) Complete discovery. Get a plan together and get organized.

JD 1992 :

2) File a Motion to COmpel

JD 1992 :

3) Amend your answer and assert the statute of limitations as an affirmative defense

Customer:

ok but only after the hearing on may 20th correct?

JD 1992 :

4) do some legal research (per that book) on the issue of statute of limitations and what a debt collector has to prove. you should actually do that before you complete discovery.

JD 1992 :

I'd go ahead and get started on it. You need to figure out what happened that resulted in the judgment and then research those issues so you can address them.

JD 1992 :

5) Start preparing a Motion for Summary Judgment (research first)

Customer:

how do i find out how they came to judgement?

Customer:

courts arent very helpful

JD 1992 :

Go to the clerk's office and look through the file and see what was filed, when, what the judgment says, etc.

JD 1992 :

You have to understand that the court can't help you at all.

Customer:

yes ok

Customer:

they said that also

JD 1992 :

Everybody, lawyers and people representing themselves, are held to the same standard and the courts can't help.

JD 1992 :

It's tough but that's the rules.

Customer:

i feel im being railroaded after ive done all i was suppose to in the correct time.

JD 1992 :

Also, those books I gave you are on a website. Read through the posts on there and subscribe to the website, Like them on Facebook, and keep up with what they post.

JD 1992 :

I suspect the law firm acted unethically.

Customer:

ill find out about how they got to the judgement monday.

JD 1992 :

You can also consider hiring a paralegal to help if you can't figure out what happened from looking at the file.

Customer:

yes me too

Customer:

cant afford an attorney

JD 1992 :

Also, get a copy of anything that wasn't sent to you and mention that in your motions. It's against the rules not to send them to you.

Customer:

they said i never answered them, the law firm

JD 1992 :

Get those books and use this website and you can come out okay. Just realize that you are going up against lawyers.

Customer:

but i have the proof

JD 1992 :

Be very careful what you read on the internet as well.

Customer:

ok

JD 1992 :

It sounds like there was a default judgment entered. After you get that book and read it, do the research on default judgment. The law will state somewhere that almost anything will count as an answer sufficient to prevent a default judgment.

JD 1992 :

It may take you a little while to find the cases but they will be there.

Customer:

yes i got a letter from law firm saying that i never answered them when i did. i think thats how judgement came about.

JD 1992 :

Probably so. That would fit.

Customer:

they said they were going to enter a judgement but i never got to explain anything!

JD 1992 :

You wouldn't have the chance to explain but if you filed an answer then you shouldn't have been defaulted.

Customer:

true

Customer:

why i filed motion to vacate.

Customer:

next i file motion to compel or just dismiss? and also mention the sol?

JD 1992 :

Amend your answer to include the affirmative defense on SOL and then file the motion to compel.

Customer:

oh

Customer:

thank you

JD 1992 :

However, read those books I sent you to first. They're cheap and pretty short, they cut out the fluff and just give you the stuff you need.

Customer:

ok

JD 1992 :

Also, and I think they mention this on that website, don't just use forms, be sure you understand what you are doing and why and that way if something changes you can adjust on the fly.

Customer:

ok ill try my best

JD 1992 :

Again, use this website when you need to. They have some kind of subscription plan and you get unlimited questions. If you need me just start your question with FOR JD 1992 and I'll pick up as soon as I see it. I am online almost every day for at least a few minutes.

Customer:

ok thank you!

JD 1992 :

We can answer most of your questions and when we can't because we're prohibited we'll tell you.

Customer:

great

Customer:

any other suggestions to help me?

JD 1992 :

These debt collectors are actually pretty easy to beat but you have to understand the concepts to do so.

Customer:

think i understand most i was just confused because of the judgement thing

Customer:

wasnt expecting that because i did everything

JD 1992 :

That book on legal research even gives the web address for a section of Google that allows you to do case law research. Be sure and read the rules of court I gave you the link to. Those are extremely important.

Customer:

i def will

JD 1992 :

That should be enough to get you started.

Customer:

thank you so much for your help and time

Customer:

you have been wonderful

JD 1992 :

Glad to help. Be sure and ask for me in the future. Like I said, I'm on here for a few minutes at least on most days.

Customer:

i will. thank you so much!

JD 1992 :

You're welcome. I'm going to exit and assist others now. Once you issue your positive rating the question will lock open and you can come back to it later if you have a follow up.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

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